BLOCK THE BAN ON RES ON FERTILE LAND - PARLIAMENT WILL DECIDE TOMORROW - Filenews 22/4 by Angelos Nikolaou
The parliamentary Committee on Agriculture is considering tomorrow the referral of the amending law on Renewable Energy Sources, in the presence of the Attorney General and three ministers, Agriculture, Energy and Interior.
The focus is on the ban on installations on fertile agricultural land and the constitutional misgivings of the Presidency. The referral, which was notified to the legislature on 16 April 2026, raises serious issues of compatibility with the Constitution and the European acquis.
According to the Presidency's letter, the main point of friction concerns the addition of a new paragraph that explicitly prohibits the installation of RES installations for commercial purposes in specific areas. The prohibition covers: a) Fertile or permanently irrigated land, as characterized by the Department of Agriculture. b) Land in land consolidation areas (irrigated, dry or mixed) or irrigated by government projects. c) Urban planning protection zones. d) Natura 2000 sites.
The doubts of the executive power about the proposed provisions were also expressed before the parliamentary Committee on Agriculture during the discussion of the "Promotion and Encouragement of the Use of Renewable Energy Sources (Amendment) Law of 2026".
The executive argues that these provisions, instead of encouraging, limit the use of RES in a way that may conflict with the Republic's binding targets towards the EU for 2030. In addition, issues of violation of the principle of separation of powers are raised, as the location is the responsibility of the executive power, but also of violation of Article 23 of the Constitution on the right to property.
In particular, the Legal Service expressed reservations regarding the compatibility of the proposed provisions with Article 23 of the Constitution and the commitments undertaken by the Republic towards the European Union, while the need to adopt clear terminology for the sake of legal certainty was emphasized.
The Ministry of Energy expressed reservations about the inclusion of its provisions in the law under amendment, which is harmonizing and sets the general framework of the policy regarding the use of RES. The Ministry recommended that the proposed regulations concerning the location of RES projects be included in the Urban and Spatial Planning Law.
The Department of Agriculture proposed that this policy for the location of RES installations remain within the framework of Order 1/24 of the Ministry of Interior, which in any case needs to be revised.
The Department of Urban Planning underlined the position for regulating the issue within the framework of Order 1/2024, which is the most appropriate legal framework for such regulations. Furthermore, the Department of Urban Planning submitted a proposal for the formulation of the provisions in such a way that there is a substantial connection between the two legal frameworks, but without neutralizing the priority that is reasonably required to be given to the Urban Planning Legislation, for the purposes of regulating urban planning issues.
It is noted that the Ministry of Agriculture considers it important to continue the installation of agrovoltaic systems, where they apply dual use with electricity production and with elevated photovoltaic panels and simultaneous cultivation of plants. The Ministry points out that this is in line with the strategic goals for the use of renewable energy sources and at the same time contributes to safeguarding the continuation of agricultural production.
Under the Constitution, Parliament must take its final decision either by accepting the referral back or by sticking to its original position within 15 days from the date of the referral. The decision of the Plenary Session of the Parliament tomorrow will determine whether the case will lead to a head-on collision between the two powers or whether the golden mean will be found that will ensure the protection of agricultural land and the country's energy transition at the same time.
Update - in-cyprus
Parliament will revisit a recently passed law restricting renewable energy projects on agricultural land on Thursday, April 23, after the presidency raised legal and constitutional concerns.
The House agriculture committee is due to examine the referral in the presence of the attorney-general and the ministers of agriculture, energy and interior.
The outcome will shape how Cyprus balances its push for renewable energy with the protection of agricultural land.
What does the law change?
The amendment bans the installation of renewable energy projects for commercial purposes on specific categories of land.
These include:
- fertile or permanently irrigated agricultural land
- land within irrigation schemes
- protected planning zones
- Natura 2000 areas
The measure targets large-scale commercial developments, rather than smaller systems used by farmers for their own needs.
Why did the presidency intervene?
The presidency referred the law back to parliament, raising concerns over:
- possible conflict with Cyprus’ obligations to the European Union on renewable energy targets
- potential infringement of property rights under Article 23 of the constitution
- separation of powers, as decisions on land use fall within the executive
The Law Office also expressed reservations about legal certainty and compatibility with EU law.
What is the policy dispute?
The disagreement reflects a broader tension in Cyprus’ energy policy.
On one hand, the country is under pressure to accelerate the rollout of renewable energy as part of its commitments to the European Union and its wider energy transition.
Recent policy direction has focused on expanding renewable energy capacity, modernising the electricity system and supporting the green transition as a core economic priority.
At the same time, concerns have grown over the siting of solar parks on productive agricultural land.
The rapid expansion of renewable energy projects in recent years has triggered reactions from farmers and local stakeholders, who have raised concerns about the loss of fertile land and the impact on agricultural activity.
Why is this issue surfacing now?
The debate comes as Cyprus is trying to scale up renewable energy while addressing structural constraints in its energy system.
These include:
- limited grid capacity
- the need for energy storage
- the absence of full interconnection with other electricity markets
At the same time, land-use planning for renewable projects has become increasingly contested, bringing the issue of where projects are located into sharper focus.
What do authorities say?
Different government bodies have taken varying positions on the amendment.
- The energy ministry argues the provisions should not be included in a harmonising law and should instead be regulated through planning legislation
- The agriculture department says the issue should remain under an existing policy framework that is under review
- The town planning department supports regulating the matter through planning tools rather than energy legislation
The agriculture ministry, meanwhile, supports the continued development of agrivoltaic systems, which combine electricity generation with agricultural production.
What happens next?
Under the constitution, parliament must decide within 15 days of the referral whether to accept it or insist on the law as originally passed.
The committee’s discussion on April 23 will be the next step in that process.
